Does the Bambu Successor Franchise Rider apply to claims that existed in the past?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
itions set forth in the Franchise Agreement including, without limitation, the | | execution and delivery by Franchisee to Bambu of this Release. |
- Release. Franchisee, for itself and its affiliates, and their respective current and former successors, assigns, officers, shareholders, directors, members, managers, agents, heirs and personal representatives ("Franchisee Affiliates"), hereby fully and forever unconditionally releases and discharges Bambu and its affiliates, and their respective successors, assigns, agents, representatives, employees, officers, shareholders, directors, members, managers and insurers (collectively referred to as "Bambu Affiliates") from any and all claims, demands, obligations, actions, liabilities and damages of every kind and nature whatsoever ("Released Claims"), in law or in equity, whether known or unknown, which Franchisee or the Franchisee Affiliates may now have against Bambu or the Bambu Affiliates or which may hereafter be discovered. Without limiting the foregoing, Released Claims includes, but is not limited to, all claims, demands, obligations, actions, liabilities and damages, known or unknown, in any way arising from or relating to: (i) any relationship or transaction with Bambu or the Bambu Affiliates, (ii) the Franchise Agreement or any related agreements, and (iii) the franchise relationship, from the beginning of time until the date of this Release.
[APPLIES ONLY IN CALIFORNIA] 1.(a) Release of Unknown Claims and Waiver of California Law.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the Successor Franchise Rider includes a release of claims. This release requires the franchisee to release Bambu from any and all claims, demands, obligations, actions, liabilities, and damages of every kind and nature, whether known or unknown, that the franchisee may have against Bambu. This release applies from the beginning of time until the date the rider is signed.
Specifically, the release covers any claims arising from or relating to any relationship or transaction with Bambu, the Franchise Agreement or related agreements, and the franchise relationship itself. This means that by signing the Successor Franchise Rider, a franchisee waives their rights to pursue any past claims against Bambu, including those that they may not even be aware of at the time of signing.
For franchisees in California, the FDD includes a specific acknowledgement regarding California law pertaining to the release of unknown claims. Franchisees acknowledge that California law may limit the effect of a general release regarding claims not known or suspected at the time of execution. Despite this acknowledgement, the general release still applies to all claims from the beginning of time until the date of the rider.